 ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract,...  The New York Supplement - Page 3041921Full view - About this book
 | Nova Scotia - Law - 1910 - 642 pages
...repudiation of the whole contract, or whether it is 16 10 EDWD. vn. CHAPTER 1. 1910. a severable breach, giving rise to a claim for compensation, but not to a right to treat the whole contract as repudiated. Delivery to 33. — (j) Where, in pursuance of a contract of sale, the seller is authorized... | |
 | Colin Blackburn Baron Blackburn - Personal property - 1910 - 862 pages
...the breach of contract is a " repudiation of the whole contract or whether it is a severable " breach giving rise to a claim for compensation but not to " a right to treat the whole contract as repudiated." The cases in which the buyer, though in default, was not insolvent are not necessarily... | |
 | James Parker Hall, James De Witt Andrews - Law - 1910 - 460 pages
...breach of the entire contract, or whether the breach is severable, giving rise (10) Sales Act, sec. 71. to a claim for compensation, but not to a right to treat the whole contract as broken" (12). Sometimes an agreement to accept delivery of the goods by instalments is implied from the nature... | |
 | Wisconsin - Session laws - 1911 - 1208 pages
...instalments, or the buyer neglects or refuses to take deliver}7 of or pay for one or more instalments, it depends in each case on the terms of the contract...to a right to treat the whole contract as broken. Section 1684t — 46. 1. Where, in pursuance of a contract to sell or a sale, the seller is authorized... | |
 | Wisconsin - Bills, Private - 1911 - 1198 pages
...further and suing for damages for breach of the entire contract, or whether the breach is sever&ble, giving rise to a claim for compensation, but not to a right to treat the whole contract as broken. Section 1684t — 46. 1. Where, in pursuance of a contract to sell or a sale, the seller is authorized... | |
 | Northwest Territories - Law - 1911 - 728 pages
...OF GOODS Delivery to carrier repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. CO, c. 39, s. 30. 31. Where in pursuance of a contract of sale the seller is authorized... | |
 | William Theophilus Brantly - Contracts - 1912 - 590 pages
...further and suing for damages for breach of the entire contract, or whether the breach is severable. giving rise to a claim for compensation, but not to a right to treat the whole contract as broken." § 170. Illustrations. What Breach Authorizes Rescission. A contract to deliver 50,000 tons of coal... | |
 | Michigan - Law - 1913 - 940 pages
...further and suing for damages for breach of the entire contract, or whether the breach is severablc, giving rise to a claim for compensation, but not to a right to treat the whole contract as broken. SEC. 46. Delivery to a carrier on behalf of the buyer. H) Where, in pursuance of a contract to sell... | |
 | James Smith McMaster - 1912 - 784 pages
...further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation, but not to a right to treat the whole contract as broken. § 127. Delivery to a carrier on behalf of the buyer, i. Where, in pursuance of a contract to sell... | |
 | Francis Marion Burdick - Sales - 1913 - 476 pages
...whether the breach of contract is a repudiation of the whole contract or whether it is a severable breach giving rise to a claim for compensation but not to a right to treat the whole contract as repudiated. 32. — (1.) Where, in pursuance of a contract of sale, the seller is authorized or required... | |
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